Legal Question in DUI Law in Pennsylvania
dui
i got a dui and the cop never gave me a breathilizer or bac.wen i got to the city jail the cop made it seem like i was doin him a favor by signing a waiver that i was drunk.he said''its obvious youre drunk do we really have to go to mthe hospital for a bac''?i signed the ''waiver''which turned out to be a refusal.i have a prior record from 9 years ago.im in the rfel status.wat am i looking at time/fine/probation?
2 Answers from Attorneys
Re: dui
i thought i had heard it all. you have to rumble on the refusal in front of a jury. no judge will believe your story.
Re: dui
What?? A "waiver"?? Ok...so you have a DUI with a refusal, and a RFEL and prior record score of 5 probably. Do you have any prior DUIs?
It would seem that you have to fight the refusal. There are two things that will happen...first, you have to fight the refusal through the criminal process with the DUI.
You also have to fight the license suspension that will come from PennDOT. You may get that letter at any time. When you get that letter, you should immediately file a civil appeal of that suspension at your county court. You will then ask that the case be held until resolution of the criminal process.
In the meantime, you have to fight the criminal charges, because the difference between a refusal and no refusal is the difference between jail and no jail (if you have no other DUIs) and a license suspension and no license suspension.
So...the absolute first thing you have to do is hire an attorney who is familiar with, and experienced with, fighting DUIs...not someone whose only experience is pleading out DUIs.
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